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Bill to Delay Adoption of Wastewater Management Plan Awaits Governor’s Approval

By Michael J. Lipari, Esq.

The Legislature adopted A-4345 that extends the requirement of wastewater management planning agencies to establish or update wastewater management plans, and extends validity of sewer service areas and wastewater service areas, until April 7, 2011. The bill just needs the endorsement of the Governor to become law.

This bill extends for two years the requirement for wastewater management planning agencies to prepare and submit a wastewater management plan or a wastewater management update to the Department of Environmental Protection (“DEP”) and maintains during the extension period the validity of wastewater service areas as well as sewer service areas. If signed, this bill would provide developers with additional time to work with local officials to keep from having their sites removed from the sewer service areas. For most projects, removal would be a fatal blow due to the more onerous restrictions of implementing septic systems.

The Bill originally called for a three year extension to April 7, 2012, but was amended after receiving strong opposition from environmental groups and requests from the federal Environmental Protection Agency to withdraw the bill.

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